9th Circuit Rules on BFOQ Case

Posted by Spencer Thal169sc on June 17, 2015

The US Court of Appeals for the 9th Circuit has issued a decision in our BFOQ case.

The court ruled in the State's favor, concluding that the "creation of a narrow category of female-only job assignments is a bona fide occupational qualification reasonably necessary to the normal operation of the women’s prisons."

I have reviewed the decision and, together with outside counsel, am exploring the extent to which the court’s decision is in conflict with an earlier decision. We will keep you posted about what our options are moving forward, if any.

It's unfortunate that the court declined to hold that the Department's actions were unlawful. As we know, those actions had negative employment effects on both male and female officers working in the women's prisons.

Thank you to all of you who were involved in the case and for your patience during the lengthy litigation process.